Banned ‘2-finger test’: Meghalaya to SC

The Meghalaya Government has told the Supreme Court that it has prohibited the “two-finger test” conducted to determine if a rape survivor is habituated to sexual intercourse.

Terming it an affront to the dignity of rape survivors, the SC had, in October 2022, deprecated the “regressive” and “invasive” practice of the “two-finger test”, saying it had no scientific basis and instead it re-victimised the victims of sexual assault.

Meghalaya Advocate General Amit Kumar had informed a Bench led by Justice JB Pardiwala on September 3 that a circular, dated June 27, 2024, issued by the state’s Health and Family Welfare Department, has prohibited the test and disciplinary action would be taken for non-compliance.

The Bench, which included Justice Sanjay Karol, referred to its May 7 order in which it had strongly deprecated the practice. The top court dismissed a petition filed by a convict challenging the Meghalaya High Court’s March 23, 2023, verdict affirming his conviction under certain provisions of the POCSO Act. The convict was sentenced to 10 years for the offence, it noted.

“The SC and the Ministry of Health and Family Welfare have prohibited the practice of conducting the two-finger test on survivors of sexual assault. This practice is scientifically baseless, traumatising, and violates the survivor’s dignity and rights,” the circular said.

“We hope that in future, we may not have to once again condemn Meghalaya for such a serious lapse,” the Bench said, refusing to interfere with the HC verdict.